Postnuptial agreements are a contract between a man and wife that details how a potential divorce would be handled in the future if needed. These agreements weren’t widely accepted in the United States until the 1970s. Even when the contracts began being accepted by the courts, they appeared to be explicitly needed for wealthy couples only, which isn’t the case.

Not every couple opts to have a prenuptial or postnuptial agreement before marriage, but it’s never too late to create this agreement. In fact, creating a postnuptial agreement at any time during a marriage is easy. In Illinois, seek legal help from the Law Office of Robert Castro to create your postnuptial or prenuptial agreement.

What’s the Difference Between a Prenuptial and a Postnuptial Agreement?

A postnuptial agreement is different than a prenuptial agreement. A postnuptial agreement is signed after the wedding, sometimes years after the wedding date.

A prenuptial agreement is signed before a wedding takes place. In short, a postnuptial agreement is a prenup after marriage. Now that you know the difference between the two types of agreement, it’s time to discuss a postnuptial agreement in depth.

Are Postnuptial Agreements Legally Binding?

Postnuptial agreements are legally binding, just like prenuptial agreements. A postnuptial agreement is an agreement that outlines the rights and responsibilities of a married couple during a marriage, during a separation, and after marriage in case of divorce. You may use a postnuptial agreement in a civil union and married couples.

Each postnuptial agreement is unique and based on a couple’s situation. Things to consider in a postnuptial agreement include the following:

• Custody of minor children
• The division of property
• Child or spousal support
• College funding for children
• Asset division

What are the Benefits of a Postnuptial Agreement?

It’s a common misconception that postnuptial agreements are only for the wealthy. But that isn’t true. Almost all couples can benefit from a postnuptial agreement, despite their wealth status.

Working on a postnuptial agreement before marriage allows couples to work out issues that could cause problems later in a marriage. In short, these agreements may be an opportunity to take care of issues before marriage that could eventually lead to divorce.

In the case of divorce, a postnuptial agreement can make divorce proceedings easier. The agreement outlines the most critical issues regarding money, assets, and custody, so there isn’t much to hold up a divorce decree.

A postnuptial agreement may also help a widow in the case of a spouse’s death. In addition, with a postnuptial agreement, a Waldorf family law attorney can work on legal issues that may arise, such as probate.

If there is anything not covered in the postnuptial agreement, a lawyer can take care of it quickly and easily with everything else outlined already.

Not only does a postnuptial agreement make the emotional drain associated with the divorce easier to swallow, but it helps financially too. The less a lawyer has to work to settle, the quicker the divorce can be processed by the courts. In addition, if both parties agree on everything in the postnuptial agreement and do not wish to make any other changes, the divorce can be deemed unattested and processed through the court much faster, which also helps the proceeding cost less as well.

With nothing to contest, some divorcing couples may use the same attorney to settle the divorce to get it down as quickly as possible.

Create Your Postnuptial Agreement with a Waldorf Family Law Attorney

Working with family law lawyers in Maryland to create a postnuptial agreement allows both parties to consider all options in case of a divorce.

A Waldorf family law attorney will go over your assets, potential assets, the care of existing or future children, and much more. It will specifically outline your responsibilities in the marriage and can be updated during the marriage if needed.

The beginning or during a marriage is the best time to consider creating this document because it is a time when both parties are amicable, so it helps create a fair division of assets and is the best time to consider what is fair to each person in the marriage.

If you are interested in creating a prenuptial or postnuptial agreement in Illinois, contact the Law Office of Robert Castro. Our office is familiar with the statutes regarding marital assets and divorce proceedings in Illinois, and we are ready to help you create a postnuptial agreement that protects the interest of everyone involved.